Legal Question in Wills and Trusts in California

Those are a lot of complicated facts to try to analyze without seeing the actual documents, including any orders. I don't know why you would be charged for rent your mother may owe unless you lived there too. Also, I would want to know what the difference is between the interest your mother paid and the fair market rent they want to surcharge you for? You need to meet with an attorney with your documents so they can evaluate the situation more fully.

Normally, a child would not be liable for a debt of a parent. If the trustee is withholding your money for the debt of your mother, that would probably be reversible. It may also be a violation of the Rosenthal Fair Debt Collection Practices Act. There are, however, many variables that would need to be examined to determine if this falls within the parameters of the Rosenthal Act.

Even if your mother were liable for any rent, the trustee would not be able to recover for anything beyond the statute of limitations period. The trust documents and orders and findings of fact from the elder abuse case would need to be reviewed to give you a definitive answer. You need to obtain copies of all of the trust litigation orders to see if the court found your mother liable for restitution. Good luck.